SC slaps Rs.10 lakhs fine on SpiceJet for discriminating with a flier with disability [Judgement Included]

Court: Supreme Court of India

Bench: Justice A K Sikri and Justice R K Agrawal

Case No.:  WP(C) No. 98 of 2012 

Case Title: Jeeja Ghosh and Anr Versus Union of India and Others 

Date of Judgement: 12 May 2016

Brief:

This is in continuation to our  earlier two posts titled Jeeja Ghosh, a prominent Indian disability right activist discriminated by Spicejet Pilot dated 19 Feb 2012 and Supreme Court of India issues notice to SpiceJet for deplaning disabled woman dated 05 April 2012.

In a remarkable judgement in a clear case of disability discrimination, a bench comprising Justices A K Sikri and R K Agrawal of Hon'ble Supreme Court has directed the budget airline Spicejet to pay a sum of Rs 10 Lakh (One Million Indian Rupees) as damages to a flyer living with cerebral palsy, who was forcibly offloaded in 2012, saying the manner in which she was de-boarded depicts "total lack of sensitivity".

The apex court noted that the flier with disability Ms. Jeeja Ghosh was not given "appropriate, fair and caring treatment" which she required with "due sensitivity" and the decision to de-board her was "uncalled for".

"On our finding that SpiceJet acted in a callous manner, and in the process violated Rules, 1937 and Civil Aviation Requirements (CAR), 2008 guidelines resulting in mental and physical suffering experienced by Ghosh and also unreasonable discrimination against her, we award a sum of Rs 10,00,000 as damages to be payable to her," observed the Bench.

Ms. Ghosh was offloaded from a SpiceJet flight on February 19, 2012 from Kolkata when she was going to attend a conference in Goa hosted by NGO ADAPT (Able Disable All People Together), the second petitioner in the case.

The bench said the decision to offload Ghosh was taken by the airlines without any medical advise or consideration and her condition was not such which required any assistive devices or aids.

"Even if we assume that there was some blood or froth that was noticed to be oozing out from the sides of her mouth when she was seated in the aircraft (though vehemently denied by petitioner), nobody even cared to interact with her and asked her the reason for the same. No doctor was summoned to examine her condition. Abruptly and without any justification, a decision was taken to de-board her without ascertaining as to whether her condition was such which prevented her from flying. This clearly amounts to violation of Rule 133-A of Rules, 1937 and the CAR, 2008 guidelines," the bench said.

Download the Judgement

• WP(C) No. 98/2012 Titled Jeeja Ghosh and Anr Versus Union of India and Others 
• Or Read the embedded Judgement in PDF below:

Delhi High Court Strikes Down Disability-Based Exclusion insisting 70% Disability Cap for MBBS Admissions in MBBS Admissions despite clearing NEET [Judgement Included]

Court: Delhi High Court

Bench: Justice Badar Durrez Ahmed and Justice V. Kameswar Rao

Case No.: W.P.(C) 6041/2013

Case Title: Sanjana Sinha v. University of Delhi & Anr.

Date of Judgment: 31 May 2016

Background

The present writ petition before the Delhi High Court raised significant questions concerning disability discrimination in medical education and the exclusionary eligibility standards imposed upon persons with disabilities seeking admission to MBBS courses.

The petitioner, Sanjana Sinha, had suffered amputation of her left leg in 2012 following severe medical complications during treatment procedures intended to stabilise her blood pressure. At the age of seventeen, she underwent a life-altering medical crisis which ultimately resulted in permanent locomotor disability. She was subsequently fitted with a prosthetic limb and was able to independently walk and perform daily activities without external assistance.

Despite these circumstances, the petitioner successfully completed her schooling and qualified the National Eligibility-cum-Entrance Test (NEET) examination for admission to MBBS/BDS courses for the academic session 2013–14.

Having qualified NEET, the petitioner applied for admission under the category reserved for persons with disabilities. Her disability certificate recorded 80% locomotor disability. The Medical Board at Vardhman Mahavir Medical College and Safdarjung Hospital also certified her disability at 80%.

However, her candidature was rejected on the basis of the Graduate Medical Education Regulations, 1997 framed by the Medical Council of India and the admission bulletin issued by the Faculty of Medical Sciences, University of Delhi. The impugned framework restricted eligibility under the disability quota only to candidates with locomotor disability of lower limbs between 50% and 70%, thereby excluding candidates with disability exceeding 70%.

Aggrieved by this exclusionary criterion, the petitioner approached the Court challenging:

• the amendment dated 25 March 2009 to the Graduate Medical Education Regulations, 1997;
• the Medical Council of India communication dated 21 April 2009; and
• the relevant clause in the admission bulletin issued by the Faculty of Medical Sciences, University of Delhi.

The petitioner also sought directions for admission to the MBBS course under the disability quota.

Key Observations of the Court

The Division Bench undertook a detailed constitutional examination of disability-based exclusion within professional education and questioned the legality of rigid percentage-based barriers imposed upon persons with disabilities.

At the outset, the Court recognised that welfare legislation concerning persons with disabilities must receive a purposive and beneficial interpretation to ensure that disabled persons are not denied equal opportunity merely because they do not conform to narrow physical standards.

The Bench observed:

“A welfare legislation needs to be given a purposive interpretation, inasmuch as to give benefit to a person with disability so that he/she does not feel less privileged than a normal person.”

A central issue before the Court was whether exclusion of candidates with locomotor disability exceeding 70% from MBBS admissions could withstand constitutional scrutiny.

The Court carefully examined the rationale underlying the impugned Medical Council of India regulations and found the exclusionary framework arbitrary and discriminatory. It observed that disability percentage alone cannot determine an individual’s capability to pursue medical education.

Importantly, the Court recognised that disability cannot be mechanically equated with incapacity. The Bench noted that the petitioner, despite her disability, had independently functioned with the assistance of a prosthetic limb, completed her education successfully, and qualified a highly competitive national examination.

The Court further emphasised that functional capability and individual competence must prevail over rigid medical categorisation detached from actual ability.

Rejecting stereotypical assumptions regarding disability, the Bench observed that exclusionary standards based solely on numerical disability percentages undermine constitutional guarantees of equality and dignity.

The Court also recognised the broader implications of denying persons with disabilities access to professional education. Such exclusion, the Court observed, perpetuates systemic marginalisation and reinforces barriers preventing persons with disabilities from entering professions traditionally viewed as inaccessible.

Importantly, the judgment reflected a transition away from purely medicalised understandings of disability toward a rights-based approach grounded in inclusion, capability, and substantive equality.

Relief Granted and Limitations

The Delhi High Court granted relief in favour of the petitioner and held that exclusion of candidates with disability above 70% was legally unsustainable.

The Court effectively invalidated the restrictive framework limiting eligibility solely to candidates with locomotor disability between 50% and 70%. It also directed that the petitioner’s candidature should not be rejected in future merely because her disability was assessed at 80%.

However, despite succeeding on the legal issue, the petitioner did not receive immediate admission to the MBBS course because the academic session for which she had appeared had already concluded.

The Court observed:

“At this point of time, no direction can be issued to give admission to the petitioner on the basis of the said examination. The only direction that can be given is… the respondent shall not deny admission to the petitioner if she is successful in a future NEET examination on the ground that she has a disability of 80%.”

As a consequence, the petitioner lost a crucial academic year and was required to reappear in the NEET examination despite having already qualified earlier.

The case therefore highlights a recurring concern in disability rights litigation — delayed judicial relief may ultimately deprive successful litigants of meaningful practical justice even where constitutional violations are recognised.

Commentary

The decision in Sanjana Sinha v. University of Delhi & Anr. remains an important judgment against structural ableism within professional educational institutions and significantly contributed to the evolution of disability rights jurisprudence in India.

One of the most important aspects of the ruling lies in its rejection of the assumption that higher degrees of physical disability necessarily translate into professional incompetence. By rejecting rigid percentage-based exclusions, the Court affirmed that capability must be assessed through actual functional ability rather than abstract medical classifications.

The judgment also advanced the principle of substantive equality. Formal equality would merely permit disabled candidates to apply for admission; substantive equality requires dismantling institutional barriers that prevent disabled persons from genuinely accessing educational opportunities.

Another important contribution of the ruling is its movement away from paternalistic and medically deterministic approaches toward a rights-based understanding of disability. The Court recognised that persons with disabilities are entitled to equal participation in professional education and cannot be excluded through arbitrary eligibility standards unsupported by rational justification.

At the same time, the case exposes the limitations of delayed judicial intervention - many a time not because petitioner came late but the justice was delayed. Although the petitioner ultimately succeeded in establishing that the exclusionary framework was discriminatory, she still lost an irreplaceable academic year and had to undergo the uncertainty of appearing in the entrance examination again. The larger message is that MBBS admission cannot be denied solely due to high disability percentage.

The judgment therefore serves both as a significant constitutional affirmation of disability rights and as a reminder that delayed remedies in educational matters can substantially dilute the practical value of judicial relief.

The ruling remains an important precedent affirming that disability rights jurisprudence must be guided by dignity, capability, inclusion, and substantive equality rather than by restrictive medicalised notions of limitation and incapacity.

Read the judgement

Kerala HC quashes HPCL's stipulation denying distributorship on groud of blindness [Judgement Included]

Dear Colleagues,

In a writ petition W.P.(C).No.29046/2013 titled Baby P. Versus M/s Hindustan Petroleum Corporation Limited, the Honorable Kerala High Court vide its judgement dated 30 May 2016 has quashed the stipulation that ‘totally blind person is ineligible’ for LPG distributorship as violative of Article 14 of Constitution of India.

The petitioner, P. Baby of Thiruvananthapuram, a totally blind person, applied for LPG Distributorship at Kodiyathoor in Kollam under S.C.(C.C) category. But his application was rejected by the respondent on two grounds, one of them being that a ‘totally blind person’ was ineligible to apply for LPG distributorship & the other being lack of own space for operating the agency. The petitioner had submitted that he was willing to take on rent adequate space to run the agency.

Quashing a part of the norms formulated by the petroleum company that allowed denying distributorship to persons who are completely blind, the court held that it amounts to violation of the constitutional right to equality before law and denies equal opportunity to blind persons.

In the judgment, the court said if a disability doesn't prevent a person from performing a job, such a disability cannot be the reason for denying the job. Denying a job citing disability can only be allowed if the disability prevents the person from performing the functions associated with the job. Denial of jobs citing disability becomes necessary only in special circumstances such as driving, the court said. 

The petroleum company had contended that if a blind person such as the petitioner is granted LPG distributorship, he won't be able to inspect complaints related to cylinders and that inspection of cylinders to rectify complaints is a job that requires maintenance of the highest safety standards. However, the court said those who formed the norms ousting blind persons completely from grant of distributorships are unaware of the fact that they are able to perform such tasks that require a high degree of specificity. 

Delivering the judgment, Justice Muhammed Mustaque, opined that the above stipulation of classification  was unreasonable, since it  had no nexus with the purpose sought to be achieved. The bench opined:- “The classification in the case in hand appears to have been made based on the broad generalization that the Distributorship can be run only by persons of certain abilities. Such a classification ex facie appears to be unreasonable and unsustainable. Though, the object of such prescription appears to be that in order to carry out day-to-day affairs, constant vision of the Distributors is required. The vision of eye sight, in fact, has nothing to do with the functions being discharged by the Distributors. A blind person is also endowed with a vision. Though, he cannot physically see an activity, with his insight vision he can run a Distributorship. Therefore, the object of classification must have a nexus with the purpose and intent to be achieved.

The modern technological advantages and improvement of social conditions of the blind cannot be ignored while considering the functional duties attached with Distributorship.” The court further elaborated its stand, by employing the Doctrine of strict scrutiny developed by American courts, wherein the general presumption available for a statute,  on its validity cannot be invoked for an executive action, but the onus is cast on the proponent of the classification to establish its constitutionality.

The Court thereupon proceeded, to determine the constitutionality of the stipulation and whether the same   causes reverse discrimination. Answering the query in affirmative the court ruled:-“The blind persons cannot be treated as a separate class except for affirmative action or for the purpose of functional duty attached with an office or post. They are equally competent and have all competitive and cognitive skills similar to the able bodied persons except lacking visionary functions. Therefore, they can be treated as a separate class for the purpose of affirmative actions or for any other purpose relating to the functional competence of the duties attached to the post/office.

As has been noted above, the doctrine of scrutiny casts a duty on the policy makers to justify discrimination and not otherwise. In this case, absolutely no materials have been placed before this Court to justify classification.” Terming the stipulation as violative of Article 14, the court observed:- “The equal opportunities for a blind person cannot be negated unless the functions that have to be discharged by him intrinsically, cannot be separated from his disability, such as persons like drivers or such other functionaries who may require vision for carrying out the function. A blind person would be also able to discharge the same functions as that of an able bodied person without any impediment as far as LPG Distributorship is concerned. Therefore, this Court is of the view that the stipulation in the Brochure that a “totally blind person is ineligible” is violative of Art.14 of the Constitution. Accordingly, the clause as above is set aside.”

Judgement dated 30.05.2016

W.P.(C).No.29046/2013 Baby P. Versus M/s Hindustan Petroleum Corporation Ltd.

Media stories  

Times of India - Disability not a bar for jobs they can perform: HC

The Hindu (HC Questions denial of job to visually impaired)

The Live Law- Kerala HC quashes stipulation that ‘totally blind person is ineligible’ for LPG distributorship as violative of Article 14 of Constitution of India

Franklin Institute's policy of charging attendant of disabled patron held discriminatory

Federal Judge orders Franklin Museum to change admission policy of charging the attendant of disabled patron since it would be deemed discriminatory to disabled under the provisions of ADA.

A federal judge has ordered the Franklin Institute to stop discriminating against disabled patrons by making personal-care attendants pay entrance fees.

The court order follows a 2013 lawsuit alleging that the nonprofit museum's policies prevented some disabled people from enjoying all the institute has to offer by charging their caretakers for the price of admission.

Lead plaintiff Michael Anderson has cerebral palsy and uses an electric wheelchair with the help of a full-time personal attendant. His attendant was charged at the door and for special offerings at the institute.

For instance, when Anderson tried to attend an Imax screening, he was told that his attendant must buy a ticket, a position that attorneys for the institute defended in federal court for more than two years. They have argued that waiving the fee could, eventually, cause the nonprofit to run a deficit and even trigger layoffs.

"The illogic of the institute's position is as striking as its hyperbole," wrote U.S. District Judge Gerald McHugh Jr.

McHugh wrote that he's "frankly puzzled" that the Franklin Institute would resist following the law — the Americans with Disabilities Act — because it could dampen ticket sales. 

"To credit such a theory would not only render the ADA meaningless, but endorse a result inimical to its purposes," he wrote.

According to institute attorneys, personal-care attendants are no longer charged the $19.95 cost of general admission. However in filings, they contend the institute cannot extend the policy to Imax screenings and other special exhibits that have limited seating.

Now, the institute is under a court order to change that. 

The institute provides personal-care attendants with a folding chair to sit in an upper section dedicated to wheelchair seating for Imax screenings. Arguing that waiving the folding chair cost is hurting the museum's revenue is "nonsensical," the judge wrote, since those seats are not available to the general public.

The institute does not keep records on how many people with disabilities are accompanied by personal-care attendants, making the financial impact of waiving the folding chair fee difficult to quantify. Furthermore, the majority of Imax and special exhibits never even reach 50 percent capacity, McHugh wrote.

"No reasonable fact-finder could conclude that an occasional $1 loss to a $135 million organization constitutes an unreasonable cost or an undue financial burden," the judge wrote.

In a statement, the Franklin Institute said it has a long history of serving the disabled community through education and outreach programs. 

"We strongly disagree with the decision," said spokeswoman Stefanie Santo, saying the institute will now "explore all of our options." 

The Miami-based attorneys representing the institute never returned calls seeking comment.

Attorney Stephen Gold, who represented the plaintiffs in the case, said without caretakers, many severely disabled people in the Philadelphia area cannot partake in the region's cultural offerings.

"We hope that museums and other institutions throughout the country will modify their policies to conform to the ADA," he wrote in a statement.

Source: Newsworks

Private Insurance Contracts can't override fundamental rights of equality & health through exclusion clauses

Dear Colleagues,

Please refer to my earlier blog entry titled "Extra Premium or reduced insurance amount, both discriminatory against employees with disabilities- Delhi HC" wherein the Hon'ble Delhi High Court had categorically come to a conclusion that charging extra premium from employees with disabilities was indeed a discrimination on the basis of disability and the court in its remarkable judgement directed the postal life insurance to provide equal insurance coverage and not charge extra premium from the employees with disabilities.

I had called that judgement  a milestone in the disability rights movement with far reaching implications not only in India but also beyond India and especially in European countries where the actuaries continue to discriminate against persons with disabilities by under-valuing their lives. 

In the instant case, the plaintiff  Jai Prakash Tayal, holding a mediclaim policy had filed a suit seeking payment of Rs. 5 lakh spent on his treatment while the Insurance firm had denied mediclaim saying “genetic disease is not payable as per policy genetic exclusion clauses".

The trial court presided by Hon'ble Additional District Judge, Delhi Dr. (Ms.) Kamini Lau lambasted the United India Insurance Company, a Public Sector Undertaking (PSU) of Govt. of India, for rejecting the mediclaim of a person for heart ailment on the ground of genetic disease exclusion clause. 

News Clipping from Times of India Delhi Edition 02 May 2016

Adding that the clause was "arbitrary , discriminatory and unfair" the Judge said, “I hold that a genetic disease exclusion clause in a mediclaim insurance policy, which totally excludes the grant of insurance in case of genetic diseases, is liable to be struck down being violative of the constitutional mandate, the fundamental underlying constitutional scheme, policy of the state and public good.

The plaintiff had told the court that he had already taken two claims for the same treatment and, therefore, a third claim for the same disease was not liable to be rejected. The court ruled in favour of the plaintiff and said he was entitled to the amount. It observed that a person suffering from a genetic disease is as much in need of a medical insurance cover as others and in fact the liability qua them is more.

“No person can be discriminated or deprived of state protection in case of an ailment, be it genetic or acquired. The courts of law are required to interpret the provisions of the private contracts in the light of these constitutional obligations,“ the court said.

The court held that good health is not a privilege but a justiciable fundamental right and lamented that healthcare finances have a poor record as only 4% of the national budget is spent on it. “The time has come that India catches up with this alternative model of allocating resources and funding to its public health programmes,“ the judge said. 

Related News from Times of India :  Court pulls up insurer, cites right to health

Orissa HC: Draw a seperate list for implementing horizontal reservation of ex-servicemen.

Court: Orissa High Court, Cuttack

Bench: Hon'ble Justice Dr. A.K.Rath

Case No.:  WP(C) No.15104 of 2015

Case Title: Bishnu Prasada Dash  Vs.  Governor Reserve Bank Of India And Ors

Author: A.K. Rath

Date of judgment: 20 April 2016

Cases Referred:

• Indra Sawhney Vs. Union of India, 1992 Supp. (3) SCC 217
• Rajesh Kumar Daria v. Rajasthan Public Service, AIR 2007 SC 2137

Case in Brief: 

The Reserve Bank of India issued an advertisement, vide Annexure-1, in the employment news to fill up the posts of Assistant. Twenty five posts of Assistant were earmarked for Bhubaneswar region out of which, one was reserved for disabled ex-servicemen and three posts for ex-servicemen (normal). The educational qualification for the posts of Assistant was Bachelor's Degree in any discipline with a minimum of 50% marks (pass class for SC/ST/PWD candidates). For ex-servicemen, a candidate should be a graduate from a recognized University or should have passed the matriculation or its equivalent examination of the Armed Forces and rendered at least 15 years of defence service. The selection was to be made on the basis of candidate's performance in the written examination as well as interview. The petitioner being eligible applied for the same. He was the only ex-serviceman candidate and called for the interview. But then, he was not selected. He applied for the information under the RTI Act. The same was provided to him on 17.4.2015, vide Annexure-4, wherein it was indicated that the reservation for ex-servicemen was horizontal and included in the vacancies for various categories. The recruitment of ex-servicemen in each recruitment drive was made taking into consideration the general policy of reservation, wherein the upper ceiling is 50%. The select list of the Assistants of the year 2014 annexed thereto indicates that the general candidates who had secured 189 marks had been selected. Pursuant to his complaint dated 12.1.2015, he got an e-mail message, vide Annexure-5, wherein it is stated that the reservation for ex-servicemen was horizontal and included in the vacancies of various categories. Since ex-servicemen were getting extended relaxation in age, qualification etc., they had to be included in the "select list" of categories (UR/SC/ST/OBC) to which they belonged to, provided, they could be included in such list in the normal course. He made an appeal to the opposite party no.1. While the matter stood thus, he received the letter dated 9.6.2015, vide Annexure-7, which indicates that the marks secured by him were less than the marks scored by last candidate selected in the general category. Therefore, as per the extant policy followed by the bank, he was not selected in the final list. The Bank was guided by the OM 36012/58/92 Estt(SCT) dated 01.12.1994 issued by Government of India. It provides that horizontal reservations cut across vertical reservation (in what was called interlocking reservation) and the persons selected against these reservations had to be placed in the appropriate category. Even after providing for these horizontal reservations, the percentage of reservation in favour of backward class of citizens should remain the same. Thus only those ex- servicemen who qualify in the respective categories were selected. Hence the petition.

The court observed that the cases of persons with disabilities and ex-servicemen are implemented through horizontal reservation system and the principle of horizontal reservation has been succinctly stated in Indra Sawhney Vs. Union ofIndia, 1992 Supp. (3) SCC 217. In paragraph 95, the apex Court held thus: 

"95. ....all reservations are not of the same nature. There are two types of reservations, which may, for the sake of convenience, be referred to as 'vertical reservations' and 'horizontal reservations'. The reservations in favour of Scheduled Castes, Scheduled Tribes and other backward classes [under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped [under Clause (1) of Article 16] can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations - what is called interlocking reservations. To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to Clause (1) of Article 16. The persons selected against this quota will be placed in the appropriate category; if he belongs to S.C. category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (O.C.) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains - and should remain - the same."

 

The court further observed that on a survey of earlier decisions, the Supreme Court in the case of Rajesh Kumar Daria v. Rajasthan Public Service, AIR 2007 SC 2137 enumerated the principle of horizontal reservation and the manner of filling up the vacancies. This applies to the case of petitioner.

The court concluded that the petitioner is the only ex-serviceman candidate. He was selected in the written as well as viva-voce test. He secured 180 marks. His case was denuded on the ground that opposite party no.4 secured 189 marks. The principle enumerated in Rajesh Kumar Daria applies to the reserved category candidates (horizontal reservation) belonging to ex-servicemen. Since the petitioner was the only ex-serviceman candidate and selected, he ought to have been selected by deleting the corresponding number of candidates from the bottom of such list relating to other ex- serviceman so as to ensure that the final ex-serviceman candidate contains one ex-serviceman candidate.

Read the judgement below:

Frame Policy for Compensation to Disabled Rape Survivor - SC [Judgement Included]

Dear Colleagues,

A two Judge Bench of the Supreme Court comprising of Justices MY Eqbal and Arun Mishra, while hearing a Criminal Appeal 884/2015 filed by the accused challenging his conviction and sentence of 7 Yrs rigorous imprisonment (RI) u/s 376 IPC,  has directed all the State Governments to formulate Uniform Schemes for the Victims of Sexual Assaults. 

The rape survivor  in the case is a blind and illiterate girl, who was subjected to sexual intercourse on the promise of marriage by the accused. After upholding the Conviction and Sentence on the Accused, the Court examined the question as to ‘whether in the facts and circumstances of the case the prosecutrix is entitled to victim compensation and, if so, to what extent?’ 

In addition to the the Victim Compensation Scheme of Chhattisgarh state, the the hon'ble Court also examined the Schemes notified by other State as well. After examining the schemes, the Court held, "Perusal of the aforesaid victim compensation schemes of different States and the Union Territories, it is clear that no uniform practice is being followed in providing compensation to the rape victim for the offence and for her rehabilitation. This practice of giving different amount ranging from Rs.20,000/- to Rs.10,00,000/- as compensation for the offence of rape under section 357A needs to be introspected by all the States and the Union Territories. They should consider and formulate a uniform scheme specially for the rape victims in the light of the scheme framed in the State of Goa which has decided to give compensation up to Rs.10,00,000/-"

The Court observed, “While going through different schemes for relief and rehabilitation of victims of rape, we have also come across one Scheme made by the National Commission of Women (NCW) on the direction of this court in Delhi Domestic Working Women’s Forum vs. Union of India and Ors. [Writ Petition (Crl) No. 362/93], whereby this Court inter alia had directed the National Commission for Women to evolve a “scheme” so as to wipe out the tears of unfortunate victims of rape. This scheme has been revised by the NCW on 15th April 2010. The application under this scheme will be in addition to any application that may be made under Section 357, 357A of the Code of Criminal Procedure as provided in paragraph 22 of the Scheme. Under this scheme maximum of Rs.3,00,000/- (Three lakhs) can be given to the victim of the rape for relief and rehabilitation in special cases like the present case where the offence is against an handicapped woman who required specialized treatment and care” 

The Court passed the following directions :-

1) All the States and Union Territories shall make all endeavour to formulate a uniform scheme for providing victim compensation in respect of rape/sexual exploitation with the physically handicapped women as required under the law taking into consideration the scheme framed by the State of Goa for rape victim compensation; 

2) So far as this case is concerned, the respondent-State shall pay a sum of Rs.8,000/- per month as victim compensation to the victim who is physically handicapped, i.e. blind, till her life time.

To read the judgement click here: 

• Judgement in PDF Copy
• Judgement in Note Pad

Related News coverage

(a) Times of India - SC directs govt to frame policy for compensation to disable rape victim

(b) Deccan Herald - Pay rape Victim, SC tells states

Madras HC issues directions to Commissioner on disabled friendly Govt buildings

Disabled-friendly govt buildings: HC directs Commissioner

Business Standard | January 19, 2016

The Madras High Court today directed the Commissioner for Persons with Disabilities to hold a meeting within 10 days and present a final picture before the court by March 11 on making government buildings disabled- friendly. 

The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana, gave the direction on two PILs seeking to direct authorities, particularly the Chairman and Managing Director of Metropolitan Transport Corporation and the Commissioner of Chennai Corporation to implement "the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995". 

The petitioners Rajiv Rajan and M Gnana Sambndam also sought a direction to provide barrier-free environment in public places giving access to the usage of transport system. 

They also wanted the authorities to frame and notify comprehensive rules for according recognition to various types of schemes for disabled.  Already, the court had appointed T Mohan, an advocate, as amicus curiae and directed him to file a report on the matter. 

When the matter came up today, the union government placed on record a note containing the additional facilities included in a Handbook on Barrier-Free and Accessibility, 2014, which mentions the requirements for making public places disabled-friendly. 

The bench, going through the note in its order, said "let a meeting be held by the Commissioner for Persons with Disabilities in consultation with the state Public Works Department and the amicus curiae within ten days so that we have a clear plan of action as to how will it be verified as to what extent the different buildings can be made disabled-friendly." 

The bench further said that such meetings should continue with frequency and to ensure that the final picture is placed before it by March 11. The court also directed the Commissioner for Persons with Disabilities to remain present in the Court on March 11, 2016.

Source: Business Standard

Kerala High Court insists the 3% reservation computation from 1996 [Judgement Included]

Court: Kerala High Court

Bench: Justice Thottathil B Radhakrishnan and Justice Anu Sivaraman

Case No.: Writ Appeal No. 362 of 2015 ( Against the single judge order 20 Oct 2014 in WP(C).No. 27234 of 2011)

Case Title: Kerala Public Service Commission Vs. E. Dineshan

Act/Law: The Persons with Disabilities Act 1995

Dear Friends,

A good clarification comes from the Kerala High Court. A double bench comprising Justice Thottathil B Radhakrishnan and Justice Anu Sivaraman while hearing on 06 Jan 2016, wednesday, has dismissed a Writ Appeal No. 362 of 2015 titled Kerala Public Service Commission Vs. E. Dineshan, filed by the Kerala Public Service Commission seeking to quash the Single Judge order in WP(C).No. 27234 of 2011.

The Single Judge Justice A.V. Ramakrishna Pillai had  ordered that the reservation has to be computed from the date of enactment of legislation i.e. 1996 and not from the date of a Govt. order. The single judge had quashed the govt. notification to the extent it restricted the benefit of 3% reservation of  persons with disabilities mandated under Section 33 of the Act from 1.2.2010 onwards.

Download the Judgement of the single judge:  WP(C).No. 27234 of 2011 : [PDF File]  [Word File]

Read the Judgement of the single judge below:

Here is a related new from Express news

Kerala HC Upholds Order on Jobs for Physically-Challenged
By Express News Service Published: 07th January 2016 06:00 AM

KOCHI: A Division Bench of the Kerala High Court on Wednesday upheld the order of the Single Bench declaring that handicapped persons are entitled to get three percent of vacancies in the post of assistant grade II/clerk/junior clerk/cashier from 1996 while making appointment to public sector undertakings.

A Division Bench comprising Justice Thottathil B Radhakrishnan and Justice Anu Sivaraman issued the order while dismissing an appeal filed by the Kerala Public Service Commission seeking to quash the Single Judge order. The Single Judge had also directed the Kerala State Electricity Board, Kerala State Road Transport Corporation, Kerala State Financial Enterprises and Kerala Headload Workers Welfare Fund Board to report all existing vacancies to enable the PSC to advise candidates from the shortlist. The commission contended that the vacancies which had arisen during the validity of the rank list could only be filled. And the backlog vacancies could be filled only through a special recruitment drive.

The single judge had also quashed the state government order clarifying that the reservation of three per cent for disabled persons could be implemented only from February 1, 2010. The petitioner submitted that three per cent vacancies had to be reserved for the handicapped persons in terms of Sections 32 and 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The Bench said that the single judge verdict was in accordance with the principles laid down by the Supreme Court judgement in implementing reservation available to physically handicapped persons.

Lets proactively ensure that all Indian Government websites conform to WCAG 2.0

Dear Colleagues,

The NIC guidelines known as the "Guidelines for Indian Government Websites (GIGW)" mandate that all Government websites shall conform to the international accessibility standards, the World Wide Web Consortium (W3C) and the Web Content Accessibility Guidelines (WCAG) 2.0. 

Persons with disabilities use different assistive technologies to browse the web. However, if the websites or documents are not constructed as per the Web Content Accessibility Guidelines (WCAG), the assistive technology fails to read them thus barring a person with disability from accessing the website thus rendering the website inaccessible.

India signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2007 and ratified it a few months later. The Member States are, obliged to proactively promote digital inclusion of persons with disabilities. 

Govt. of India has launched Open Government Platform - OGPL To Promote Transparency And Citizen Engagement (www.ogpl.gov.in). OGPL is a joint product from India and United States to promote transparency and greater citizen engagement by making more government data, documents, tools and processes publicly available. This will be available, as an open source platform. By making this available in useful machine-readable formats it allows developers, analysts, media & academia to develop new applications and insights that will help give citizens more information for better decisions. OGPL has become an example of a new era of diplomatic collaborations that benefit the global community that promote government transparency, citizen-focused applications, and enrich humanity.

However, if the WCAG is not implemented, it will render the OGPL movement also futile. It is for each of us to take up the matters of inaccessibility of websites of govt. departments with the state commissioners for persons with disabilities. Visit section on How to write a petition

Here are some useful documents:

• Guidelines for Government Websites
• PDF Techniques for WCAG 2.0